LaFrance on Software as a “Component” of a Patented Invention under Section 271(f)

Document Type

Response or Comment

Publication Date



When software supplied from the United States is copied overseas, and only the copies are installed in computers so as to produce a programmed computer that would infringe a patent if assembled in the United States, the Supreme Court held in Microsoft v. AT&T that the exporter has not supplied a component of a patented invention for assembly overseas, and thus has not infringed within the meaning of Section 271(f).

Publication Citation

2008 Emerging Issues 1299 (2007).

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